By: Madla S.B. No. 853
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain information by persons
offering to aid homeowners in obtaining property tax refunds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 41.0051, Property Code,
is amended to read as follows:
Sec. 41.0051. DISCLAIMER AND DISCLOSURE REQUIRED.
SECTION 2. Section 41.0051, Property Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person who solicits solely by mail or by telephone a
homeowner to pay a fee for the service of applying for a property
tax refund from a tax appraisal district or other governmental body
on behalf of the homeowner shall, before accepting money from the
homeowner or signing a contract with the homeowner for the person's
services, disclose to the homeowner the name of the tax appraisal
district or other governmental body that owes the homeowner a
refund.
(c) A person's failure to provide a disclaimer on an
advertisement as required by Subsection (a) or to provide the
disclosure required by Subsection (b) is considered a false,
misleading, or deceptive act or practice for purposes of Section
17.46(a), Business & Commerce Code, and is subject to action by the
consumer protection division of the attorney general's office as
provided by Section 17.46(a), Business & Commerce Code.
SECTION 3. This Act takes effect September 1, 2003.